Bijay Kumar Aich v. State Of West Bengal And ORS.

Ct. No. 01 MAT 2334 of 2023 with IA No. CAN 1 of 2023 AN RP 24.04.2024 Bijay Kumar Aich Vs.

State of West Bengal & Ors.

Mr. Dhiman Ray Mr. Dip Chandra ... For the appellant Mr. Rajarshi Basu ... For the State Mr. Rahul Karmakar Ms. Ishita Kundu ... For the respondent no. 3

1. We have heard learned counsel for all the parties elaborately.

2. This intra-Court appeal filed by the writ petitioner is directed against the order dated 22.08.2023 passed in WPA 2535 of 2023. The learned Single Judge was right in dismissing the writ petition. That apart, in terms of the provisions of the Maintenance of Welfare of Parents & Senior Citizens Act, 2007, the property rights cannot be decided by the authority and the issue has to be decided only before the Civil Court having competent jurisdiction.

3. With the above observations, the appeal stands dismissed. Consequently, the connected application also stands dismissed.

(T. S. Sivagnanam) (Chief Justice) (Hiranmay Bhattacharyya, J.)